Set Aside Form Without Prejudice

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

The Set Aside Form Without Prejudice is a legal document used to request the court to nullify an entry of default and default judgment against a defendant. This motion allows the defendant to respond to the plaintiff's complaint despite previous failures to do so due to reasons such as mistake or excusable neglect. The form highlights key aspects including the grounds for the request, which must demonstrate that a valid defense exists, and it facilitates a transparent process where the defendant must also notify the plaintiff's attorney of the motion. For the target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, this form is essential for protecting clients' rights and ensuring procedural fairness in court. Users should fill out relevant sections with specific details pertinent to their case while keeping in mind the legal implications of the motion. To ensure clarity, they must also review any pre-meeting requirements for court hearings detailed within the form. Overall, the Set Aside Form Without Prejudice serves as a crucial tool in instances where a defendant seeks to overturn a default judgment, allowing for a substantive response to the original complaint.
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How to fill out Motion To Set Aside Entry Of Default And Default Judgment?

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FAQ

Typically, it takes about 3 to 4 months to expunge an Arizona record. We will file your petition as quickly as we can, but the timeframe can vary depending on the specifics of your case, including how long ago your case was and whether the DA objects to the set aside.

For the first time ever, Arizona now has an expungement law that will seal your old criminal record. This means that if you file a Motion to Seal your record, and the Court grants it, you can then state that you have never been convicted or arrested for a crime in Arizona.

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

As a result of Arizona's strict sentencing laws, most misdemeanor and felony convictions will remain on your record until you turn 99. The state does allow for the courts to set aside qualifying offenses, but this only means that they are not in effect ? it doesn't remove them from your criminal record.

First, a motion must be filed with the court requesting the set aside. It could take several weeks to complete the petition and gather the required documentation to submit to the court. After filing a motion for expungement, it could take three or more months for the court to rule on the motion.

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Set Aside Form Without Prejudice